ALEATORY CONTRACTS
(bouvier) | ALEATORY CONTRACTS, civil law. A mutual agreement, of which the effects,
with respect both to the advantages and losses, whether to all the parties,
or to some of them, depend on an uncertain event. Civ. Code of Louis. art.
2951.
2.-1. These contracts are of two kinds; namely, 1. When one of the
parties exposes himself to lose something which will be a profit to the
other, in consideration of a sum of money which the latter pays for the
risk. Such is the contract of insurance; the insurer takes all the risk of
the sea, and the assured pays a premium to the former for the risk which he
runs.
3.-2. In the second kind, each runs a risk which is the consideration
of the engagement of the other; for example, when a person buys an annuity,
he runs the risk of losing the consideration, in case of his death soon
after, but he may live so as to receive three times the amount of the price
he paid for it. Merlin, Rep. mot Aleatoire.
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